If something happened to Scott before he picked a lieutenant governor, Attorney General Pam Bondi would take over.
Many governors, in an effort to give their lieutenant governor a job, have made them their lead negotiator with the Legislature.
Scott, in a statement, said he does not plan to remain without a lieutenant governor indefinitely.
"Florida laws make it clear that our state has a lieutenant governor," Scott said.
But while Florida law requires that the position be filled it is silent on how quickly the governor must act. The only real deadline is next year when Scott must tap someone as his running-mate two months before the November elections.
Scott, however, is under no obligation to appoint that person to the position before the election.
Florida constitutional scholars say it is unlikely any court would ever order the governor to act.
Jon Mills, a former House speaker who teaches constitutional law at the University of Florida, said a court would not intervene since there is no deadline and no enforcement provision in the law.
Mills added another reason a court would not act is that state law has a clear line of succession that would result in Bondi becoming governor if something happened.
Karp with the Democratic Party said that Scott should just go ahead and make Bondi his lieutenant governor even though Bondi has already opened her reelection campaign account for 2014.
"If Gov. Rick Scott feels Attorney General Bondi is the best choice to lead Florida, to be his second-in-command, why doesn’t he pick her?" Karp asked.
Sandy D’Alemberte, a Florida State University law professor and former legislator who has written a book on the Florida Constitution, agreed that a court would not order Scott to appoint someone.
But D’Alemberte, who also once served as president of the American Bar Association and FSU, added that the "better practice, of course, would be to make the appointment."